PUBLIC LAW BOARD \0. 1760
Award \o. 25
Doc:cet \o. `F;-CGO-79-6
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
Statement
of Claim: Carrier violated the effective Agreement when :4r. Tyler Howard
was unjustly dismissed from service on August 22, 1979.
Claimant Tyler Howard shall be reinstated and paid for all
time held out of service as a result of not giving him a
fair and impartial investigation as provided in the
Agreement.
Findings: The Board, after nearing upon the ~e'nole record and evidence,
finds that the parties herein are Carrier and Employee within the meaning
oz the Railway Labor Act, as amended, that this Board is duly constituted
by Agreement dated February 2, 1976, that it has jurisdiction of the
parties and the subject matter, and tiatthe parties were given due
notice of the hearing held.
Claimant, a Section Laborer, assigned to Gang No. 50, was dismissed
from service effective August 2, 1979 because of:
"Your insubordination to your supervisor on this
date, at approximately 1:30 a. m. at Landis Yard,
and you also refused to follow instructions passed
on to you by your supervisor and left tae company
property immediately thereafter without permission."
As a result of the formal investigation requested, Claimant was
adjudged guilty as charged and the discipline was upheld.
Here, the Employees allege that a true and accurate copy of the
transcript was not made. However, a comparison reflects but a slight
difference. We find that the words eliminated were not such as to
cause change in .the content and purpose of tie investigation.
Nevertheless, Carrier is placed on notice that it must comply with its
obligation under Rule 20 to provide a true and accurate. transcript.
The Board, on the basis of Claimant's long .:ears of service,
and the particular circumstances will reinstate Claimant to service
-=- Award No. 25 - / 76
0
:aith all rights unimpaired but w_thout pay for t mme out of service.
e, toc, is now on notice that he has been given a last chance
opportunitv to demonstrate that he is desirous of working for Carrier.
Award: Claim disposed of as per findings.
Order: Carrier is directed to make this ..ward with thirty (30)
days of date of issuance shown below.
.~ Caristie, Employee Member
G. C. Edward, Carrier Member
U/L ~L
?.r hur T. Van Wart, Chairman
and Neutral Member
Issued at Falmouth, `(assachusects, June 30, =?80.